Terms of Use

Effective Date: 25 May 2016


Thanks for using our products and services (“Services”).

These Terms of Use (“Terms”) contain the terms under which Evalinator and its affiliates, “We”, provide Services to you and describe how the Services may be accessed and used. Additional service-specific terms of use (including rules and guidelines) may apply to some Services (“Additional Terms“). Those Additional Terms become a part of your agreement with us if you use those Services.

Our customers - those who pay us to use our platform - are "Expert(s)" who create assessments on our platform. These assessments created on our platform become a tool in their marketing, sales, and customer engagement efforts.

If you are a "Respondent" to the assessments created by Expert(s), you become a user and you may also create a free account to view and act on your results. For users, the privacy policy will likely be of interest to you. The privacy policy covers the EU GDPR regulation as well.

You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.

If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

1. Fees and Payments

  1. Fees for Services.You agree to pay us any fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for that Service. Some of our Services are billed on a subscription basis which will be billed in advance each billing period. Subscriptions automatically renew unless cancelled by you.
  2. Price Changes.Evalinator may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective at the end of the then-current billing cycle of your Subscription. Evalinator will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
  3. Failure to Pay.Failure to pay fees when due may result in the Service being limited, suspended, or terminated, which may result in a loss of your data associated with that Service.

2. Your Content

  1. You Retain Ownership of Your Content.We does not claim ownership over any of your Content such as surveys and assessments, user responses and scores, goals, and progress information. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
  2. Limited License to Your Content. You grant us a worldwide, royalty free license to use for marketing purposes your surveys and assessments, any related publicly available data, any testimonials you provide to us, and other aggregated data or statistics. This license for such limited purposes continues even after you stop using our Services. If you provide Evalinator with feedback about the Services, we may use your feedback without any obligation to you.
  3. Customer Lists.We may identify you (by name and logo) as an Evalinator customer on Evalinator’s website and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.
  4. Copyright Claims (DCMA Notices). Evalinator responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on Evalinator’s website, please contact our designated copyright agent, in writing, either by email at copyrightagent@evalinator.com or by regular mail at 306 English Pl, Basking Ridge, USA, Attn: Legal Department, Copyright Agent, DMCA Complaints, and provide the designated copyright agent with the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyright work claimed to have been infringed; Include URL and easily accessible source for verification.
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material; Include URL.
    • Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
    • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    • Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. Evalinatorwill terminate the account of any user that is determined to be a repeat copyright infringer.
  5. Other IP Claims We respect the intellectual property rights of others, and we expect our users to do the same. If you believe aEvalinator user is infringing upon your intellectual property rights, you may report it through our online form. Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.

3. Evalinator IP

  1. Evalinator IPNeither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). Except as expressly permitted by us in writing, these Terms do not grant you any right to use our brand elements.

4. User Content

  • User ContentWe display content provided by others that is not owned by Evalinator. Such content is the sole responsibility of the entity that makes it available. You are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content. Evalinator is not responsible for any actions you take with respect to your Content or Content of other users, including sharing it publicly. Prior to using content of other users, you should first obtain permission of its owner, or should be otherwise authorized by law to do so.
  • Content ReviewYou acknowledge that, in order to ensure compliance with legal obligations, Evalinator may be required to review certain content submitted to the Services to determine whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Evalinator otherwise has no obligation to monitor or review any content submitted to the Services.
  • Third Party Resources.We may publish links in its Services to internet websites maintained by third parties. We do not represent that we reviewed such third party websites and are not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.

5. Account Management

  • Keep Your Password Secure.If you have been issued an account by us in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not us, are responsible for any activity occurring in your account whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify us immediately. Accounts may not be shared and may only be used by one individual per account.
  • Keep Your Details Accurate.We occasionally send notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
  • Remember to Backup.You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, we will not be liable for any failure to store, or for loss or corruption of, your Content.
  • Account Inactivity.We may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

6. User Requirements

  1. Legal Status. If you are an individual, you may only use the Service if you have the power to form a contract with Evalinator.
  2. Legal age.None of the Services are intended for use by individuals less than 13 years old. If you are under 13 years old or do not have the power to form a contract with Evalinator, you may not use the Services. We recommend that parents and guardians directly supervise any use of the Services by minors.
  3. Not individuals.If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.
  4. You represent and warrant that you will comply with all laws and regulations applicable to your use of the Services.

7. Application and Security

  • User Authentication:User data on our database is logically segregated by account-based access rules. User accounts have unique usernames and passwords that must be entered each time a user logs on.
  • HIPAA: We do not support HIPAA. You should not our services if you engage in these services.
  • Data Centers: Our information systems infrastructure (servers, networking equipment, etc.) is owned, managed and located at third party data centers provided by Microsoft Azure and Amazon AWS. We instruct these service providers to store all data in the United States, but we cannot guarantee their adherence to those instructions.
  • Availability:Our services are hosted on Microsoft Azure. We makes no claims or warranties regarding availability.
  • Network Security: As provided by Microsoft Azure. Evalinator makes no claims or warranties regarding network security.
  • Audit Logging: We may maintain and monitor audit logs on our services and systems which contain key items such as logon sessions, IP addresses, browsers etc.
  • Access: We may access your data in our databases to resolve service disruptions, trouble shooting, software defects other customer service, and reporting needs among other reasons. We may also share the data or provide access to third parties for these purposes.

Handling of Security Breaches
Transmission over the Internet and electronic storage is not fully secure. Despite our efforts, We cannot guarantee absolute security. However, if we learn of a security breach, we will notify affected users so that they can take appropriate protective steps. Our breach notification procedures are consistent with our obligations under various state and federal laws and regulation, as well as any industry rules or standards that we adhere to. Notification procedures include providing email notices or posting a notice on our website if a breach occurs.

Your Responsibilities
Keeping your data secure also depends on you ensuring that you maintain the security of your account by using sufficiently complicated passwords and storing them safely. You should also ensure that you have sufficient security on your own systems, to keep any data you download to your own computer away from prying eyes. You should also periodically back up your data regularly

Custom Requests
Specific security questions or custom security forms cannot be addressed by us.

8. Acceptable Uses

  • Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.
  • Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
    1. You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
    2. You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
    3. You may not circumvent or attempt to circumvent any limitations that Evalinator imposes on your account.
    4. Unless authorized by Evalinator in writing, you may not probe, scan, or test the vulnerability of any Evalinator system or network.
    5. Unless authorized by Evalinator in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
    6. Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
    7. You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
    8. You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Evalinator will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Evalinator.
    9. You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
    10. Unless authorized by Evalinator in writing, you may not resell or lease the Services.
    11. If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless we have agreed with you otherwise. You may not use the Services in a way that would subject us to those industry-specific regulations without obtaining our prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with us that permits you to do so.

9. Suspension and Termination of Services

  • By You. You may terminate your subscription and account at any time. Refunds will be processed as per the payment terms agreed up at the time you signed up for the service. Your Content may be retained in our system for a period of time for various purposes including legal and regulatory.
  • By UsWe may terminate your subscription at any time and block future access for any reason including but not limited to breach of these Terms, your insolvency, misconduct, IP breach, and failure to pay fees. Refunds will be processed as per the payment terms agreed up at the time you signed up for the service. We have no obligation to retain your Content upon termination of the applicable Service. We will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service.

10. Changes and Updates

  1. Changes to Terms. We may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The updates will be be posted on the Evalinator website. Changes will be effective no sooner than the day they are publicly posted. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
  2. Changes to Services. We may add, alter, or remove functionality from a Service at any time without prior notice. We may also limit, suspend, or discontinue a Service at our discretion. If we discontinue a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service.

11. Disclaimers and Limitations of Liability

  • Disclaimers. While it is in our interest to provide you with satisfactory services, there are certain things we do not promise about them. For example, we try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WE DO NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, SECURITY, OR ACCURACY OF THE SERVICES.
  • Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVALINATOR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF EVALINATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  • Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF EVALINATOR, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THEAMOUNTS PAID BY YOU TO EVALINATOR FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY
  • Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
  • Businesses. If you are a business, you will indemnify and hold harmless Evalinator and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms.

12. Contracting Entity

  • Who you are contracting with. Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with Competing In Digital LLC, registered in New Jersey. Evalinator is a platform provided by Competing in Digital LLC. References to “Evalinator”, “we”, “us”, and “our” are references to Competing In Digital LLC, registered in New Jersey, United States of America.
  • Governing Law.. Those terms are governed by the laws of the State of New Jersey (without regard to its conflict of laws provisions).
  • Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Somerset County, New Jersey, and the federal courts located in the New Jersey with respect to the subject matter of those terms.

13. Other Terms

  1. Assignment. You may not assign these Terms without our prior written consent, which may be withheld in our sole discretion. We may assign these Terms at any time without notice to you.
  2. Entire Agreement. These Terms (including the Additional Terms) constitute the entire agreement between you and Evalinator, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
  3. Independent Contractors. The relationship between you and Evalinator is that of independent contractors, and not legal partners, employees, or agents of each other.
  4. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
  5. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
  6. Precedence. To the extent any conflict exists, the Additional Terms prevail over this TOU with respect to the Services to which the Additional Terms apply.
  7. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
  8. Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
  9. Survival. The following sections will survive the termination of these Terms: 1, 2, 3.2, 9, 11, 12, and 13.

15. Terms for Other Countries

  1. Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.
  2. Other countries. If you are in any other country than the United States, it is your responsibility to ensure you are satisfying the laws of your country or region before engaging with us. We are a US based business, with data and content hosted by providers in the US, and we collect payments and make refunds in US dollars, even if you may use an international payments agency or credit card. By engaging with our service, you agree to abide by these terms.